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NY D81789

September 28, 1998

CLA-2-63:RR:NC:TA:349 D81789


TARIFF NO.:6302.60.0010

Ms. Belinda M. Del Rio
B.D.R. Associates
P.O. Box 3847
Whittier, Calif. 90605

RE: The tariff classification of kitchen towels from India or Taiwan.

Dear Ms. Del Rio:

In your letter dated August 27, 1998 you requested a classification ruling.

The instant samples are a variety of kitchen towels. All eight towels are made from 100 percent cotton terry toweling fabrics. The fabrics have uncut loops on both sides. All four sides of the towels are hemmed. The towels vary in size from 16 x 26 inches to 19 x 28 inches. The towels feature various designs such as a check, stripe and popcorn. One towel has a flat woven border with a design of different kitchen utensils.

In your letter, you made reference to and enclosed a copy of New York Ruling Letter (NYRL) C85607 dated March 27, 1998. NYRL C85607 addressed the issue of a plain pink towel measuring approximately 16 by 26 inches. It is your belief the instant towels are similar to the one ruled on in NYRL C85607. The Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories (the Guidelines), 53 Federal Register 52563 state in relevant part: "Dish towels (category 369) and hand towels (category 363) fall within the same size range, 15 to 18 inches wide and 24 to 32 inches long, and are sometimes difficult to distinguish from each other. With one exception, dish towels always have a design printed on them or woven or knit into them. The design may be in the form of pictures of fruit, kitchen utensils, chickens, etc., or may be checks, stripes, or similar patterns." As all of the instant towels feature one or more of these dish towel type designs, the towels will be classified as such.

The applicable subheading for all the towels will be 6302.60.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton... towels: dish. The duty rate will be 9.8 percent ad valorem.

All of the towels fall within textile category designation 369. Based upon international textile trade agreements products of India and Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.


Robert B. Swierupski

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